New Delhi, (Asian independent) Former Supreme Court Judge, Justice Madan B. Lokur has been appointed arbitrator in a dispute over a contract between Delhi Tourism and Transportation Development Corporation Ltd (DTTDC) and a partnership firm K.B.G. Engineers.
The dispute relates to the non-payment of arrears claimed by the petitioner K.B.G. Engineers for the work performed for the respondent DTTDC. The dispute is stated to have arisen with the DTTDC from five different tenders, all for construction and renovation work in relation to various projects, in which the respondent corporation provided project management consultancy services. Since the parties in the present matters are the same, as are the prayers made, these matters are being considered and decided by way of this common order, said a recent order passed by Justice Anup Jairam Bhambhani.
The petitioner submitted that though the dispute resolution clause does not specify any particular territorial jurisdiction as regards arbitration or even for the contract otherwise, both the petitioner and the respondent are based in Delhi; the tender was awarded in Delhi, and even the work under the tender was performed in Delhi. Accordingly, it is submitted, that the Delhi High Court has territorial jurisdiction to entertain and decide the present petitions.
The court also issued a notice in the matter and DTTDC’s counsel Abhimanyu Garg accepted the notice and sought time to file a reply. “However, on being queried as to what objection the respondent may have to the appointment of an arbitrator, this court is of the view that no purpose will be served by seeking a formal written reply from the respondent,” the court noted.